Serious workplace injuries can have devastating consequences, especially when they occur due to the negligence of others or unsafe conditions on the premises. While workers’ compensation may cover some injuries, more severe cases—where negligence or dangerous property conditions play a role—might require pursuing additional legal avenues like negligence claims or premises liability.
In this guide, we’ll explore the distinction between negligence claims and premises liability in workplace injuries, who can be held liable, and how to seek full compensation for your losses.
What Is Negligence in Workplace Injuries?
Negligence occurs when a person or entity fails to take reasonable care to prevent harm to others. In the workplace, negligence could involve third-party contractors, equipment manufacturers, or even property owners failing to take necessary steps to keep the premises safe.
In cases of workplace injuries caused by negligence, you may be able to file a personal injury lawsuit against the negligent party. Unlike workers’ compensation, which does not require proving fault, a negligence claim requires showing that another party’s actions (or inactions) directly led to your injury.
How Negligence Differs from Premises Liability
While premises liability is a specific type of negligence that involves hazardous conditions on someone’s property, negligence claims can extend beyond property conditions to include actions taken by individuals or companies that contribute to a workplace injury.
Negligence in the Workplace
Some examples of negligence that may lead to severe workplace injuries include:
- Third-party contractors failing to follow safety protocols on a shared worksite.
- Equipment manufacturers supplying faulty or dangerous machinery.
- Employers failing to properly train workers or maintain safe working conditions (in cases where workers’ compensation is insufficient).
Premises Liability in the Workplace
Premises liability holds property owners responsible for maintaining safe conditions on their premises. When workplace accidents occur due to unsafe property conditions, such as broken stairways, unsecured equipment, or hazardous chemicals, the property owner or another responsible party may be held liable.
In premises liability cases, the injured party must demonstrate that the property owner knew, or should have known, about the dangerous condition and failed to remedy it.
Common Scenarios Involving Negligence and Premises Liability
1. Slip-and-Fall Accidents
Slip-and-fall accidents in the workplace are common and often arise from negligence or unsafe conditions. For instance, an employer or property owner might be liable if they fail to address a leaking roof that causes a wet floor, leading to a serious injury.
In cases where the fall occurs due to an external factor, like a third-party contractor’s failure to address safety issues (e.g., wet floor from construction activities), a negligence claim may be filed against the responsible party.
2. Defective Equipment
In industries like construction or manufacturing, defective or poorly maintained equipment can cause serious injuries, including amputations or crush injuries. A negligence claim may be appropriate if the equipment manufacturer provided faulty machinery or if another contractor improperly maintained it.
3. Falling Objects
If falling objects injure workers, the liability may fall on the property owner (premises liability) for failing to secure the worksite or on a negligent party, such as another contractor or equipment supplier, depending on the circumstances of the accident.
4. Exposure to Toxic Substances
In workplaces where toxic chemicals are present, exposure to hazardous substances may cause severe injuries or long-term health conditions. Employers, property owners, or third-party contractors who fail to provide proper ventilation or safety measures may be held liable under premises liability or negligence claims.
Who Can Be Held Liable for Workplace Injuries?
In serious workplace injury cases, multiple parties may share liability, including:
- Property Owners: Responsible for maintaining a safe working environment.
- Third-Party Contractors: If a contractor’s negligence leads to unsafe conditions or accidents, they can be held liable.
- Equipment Manufacturers: When faulty equipment leads to injury, manufacturers or suppliers may be liable.
- Employers: In cases where workers’ compensation does not fully cover the injury, employers who fail to maintain safety standards could also face claims.
Compensation Available Through Negligence and Premises Liability Claims
In workplace injury cases involving negligence or premises liability, you may be able to recover compensation beyond what is typically available through workers’ compensation, including:
- Full medical expenses: This includes all current and future medical treatment related to the injury.
- Lost wages and future earnings: Compensation for wages lost during recovery, as well as diminished earning capacity for long-term or permanent injuries.
- Pain and suffering: Compensation for the emotional and physical pain caused by the injury.
- Punitive damages: In cases of gross negligence, punitive damages may be awarded to punish the responsible party and deter future negligence.
Steps to Take After a Serious Workplace Injury
If you or a loved one has been seriously injured at work due to negligence or unsafe property conditions, it’s essential to take the following steps:
- Document the Scene: Take photos, gather witness statements, and note any safety violations or hazards that contributed to the injury.
- Seek Immediate Medical Attention: Get treated for your injuries and ensure all medical records are properly documented.
- Report the Incident: Even if you’re filing a negligence or premises liability claim, it’s still important to report the injury to your employer.
- Contact an Attorney: Workplace injuries involving negligence and premises liability can be complex. An experienced attorney can help identify all liable parties and ensure you pursue the compensation you deserve.
Why You Need an Experienced Attorney for Negligence and Premises Liability Claims
Workplace injuries caused by negligence or unsafe premises require a thorough investigation and legal strategy. At Ron Meyers & Associates, we have extensive experience in handling complex workplace injury cases, including negligence and premises liability claims, ensuring that our clients receive full compensation for their injuries.
Our legal team will:
- Investigate all responsible parties: We will gather evidence to determine whether the injury was caused by unsafe property conditions or negligence from third parties.
- Handle insurance companies: We will negotiate with insurers to ensure you are offered fair compensation.
- Maximize your compensation: Our goal is to recover damages beyond workers’ compensation, including pain and suffering, lost wages, and long-term care costs.
If you or a loved one has been seriously injured in the workplace, contact Ron Meyers & Associates for a free consultation today.
